What is the current state of the law on the grounds of hearsay?

MultiRegion, United States of America

The following excerpt is from U.S. v. Colfax, 8 F.3d 31 (9th Cir. 1993):

This court addressed the precise question here involved in United States v. Huguez-Ibarra, 954 F.2d 546 (9th Cir.1992). In that case we rejected the contention that similar evidence should have been excluded for lack of foundation and on grounds of hearsay. There, as here, the evidence "was admitted to show the type of activities charged in the indictment were being carried out in the residence" rather than that the notations were accurate. Id. at 562. Thus, the hearsay rule was not implicated. Id. We held that "such evidence may come in if there is a sufficient showing of relevance and authenticity and if its probative value outweighs undue prejudice." Id.

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